Rule 560-9-1-.02 - Preservation of Distributor Records(1) General.(a) A distributor is required to preserve sales and purchase records upon which its motor fuel tax report is based for three years from the return due date or filing date, whichever is later, plus any time period included as a result of waivers or jeopardy assessments.(b) A distributor's failure to provide records demanded for audit purposes will extend the three-year record retention requirement until all records have been provided.(c) Records may be kept on microfilm, microfiche, or any other electronic or condensed information retrieval system acceptable to the Georgia Department of Revenue and must be made available for inspection or audit by the Department.(2) Purchase records.(a) A distributor must keep adequate records to substantiate any item appearing on its monthly motor fuel tax report and also maintain complete records of inventories, purchases, receipts, and tank or meter readings.(b) A distributor must keep adequate records of purchases of motor fuel products, the seller from whom each purchase was made, the commodity purchased, the date, invoice number, total gallons and value of each purchase, method of transportation, a shipping receipt for each delivery accepted, and any motor fuel purchase diversion notices.(3) Sales records.(a) A distributor must keep a sales record indicating each sale of motor fuel, the person to whom each sale was made, and the address, commodity sold, date and invoice number, total gallons, and value of each sale. The sales record must also indicate the amount of motor fuel subject to motor fuel and prepaid state taxes and the amount of fuel sold that is exempt from tax.(b) A distributor must prepare a serially numbered invoice for each sale of motor fuel whether the fuel is sold for highway or off-road use. A single invoice covering multiple deliveries of fuel during a period of time not to exceed a calendar month shall constitute an invoice for each sale. If a multiple delivery invoice includes taxed and tax-exempt sales, the taxed sales must be clearly labeled on the invoice. The invoice shall be delivered to the purchaser with a copy retained by the distributor.(c) A sales invoice must contain the following information: 1. Name and address of the distributor;3. Name and address of the purchaser;4. Whether a credit or cash sale;5. Number of gallons of motor fuel sold, the price per gallon, and the total amount of the sale;6. Any applicable state or federal taxes;7. Location where the fuel was delivered if other than the purchaser's business address.8. Any diversion notice information associated with such motor fuel sale.Ga. Comp. R. & Regs. R. 560-9-1-.02
O.C.G.A. Secs. 48-2-12, 48-9-8.
Original Rule entitled "Organizational Structure of the Motor Fuel Tax Unit" adopted. F. and eff. June 30, 1965.Repealed: New Rule of same title adopted. F. Dec. 24, 1974; eff. Jan. 13, 1975.Repealed: New Rule entitled "Organizational Structure of the Motor Fuel Tax Division" adopted. F. Oct. 5, 1978; eff. Jan. 1, 1979, as specified by the Agency.Repealed: New Rule of same title adopted. F. Dec. 3, 1979; eff. Jan. 1, 1980, as specified by the Agency.Repealed: New Rule entitled "Preservation of Distributor Records" adopted. F. Jan. 26, 2005; eff. Feb. 15, 2005.